1. General
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and The
Attraction Point (“TAP”). This Agreement governs the relationship between TAP and you, our site
visitor (“you” or “your”), with respect to your use of the Internet site (the “TAP Site”) and your
purchase of any services from the TAP Site. By visiting or using the TAP Site, including without
limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information,
data, text, software or images, or other Information to the TAP Site, or (iii) otherwise using,
accessing or purchasing any Services, you agree to accept and abide by this Agreement. In
consideration of your use of and access to the TAP Site (and the promises and obligations herein,
and intending to be legally bound), you and TAP hereby agree as follows: Your access to and use of
the TAP Site is subject to these Terms, as well as any modifications issued by TAP to these Terms,
and all applicable laws and regulations. By using the TAP Site, you agree to and will be deemed to be
bound by these terms. If you do not want to be bound by these Terms, do not use the TAP Site.
Among other things, TAP provides information concerning various products and services and the
opportunity to obtain additional information concerning those products and services or to purchase
them.
The information available on or through use of the TAP Site, including but not limited to data, text,
articles, content, software, images, graphics, photographs, audio and video clips, links and
references and other materials (collectively, the “Information”) is provided for informational
purposes only. The Information is not intended to be a substitute for professional medical advice,
diagnosis, or treatment. Always seek the advice of a qualified medical professional with any
questions you may have regarding your medical condition. Do not disregard professional medical
advice or delay in seeking it because of Information on the TAP Site. Reliance on any Information is
solely at your own risk.
2. Changes In Terms
TAP shall have the right at any time and without prior notice, at its sole discretion, to revise these
Terms or to impose new terms and conditions with respect to access to or use of the TAP Site. Such
revisions and additions shall be effective immediately upon notice thereof, which may be given by
any means, including but not limited to, posting the revised or additional terms and conditions on
the TAP Site. You are responsible for reviewing the Terms periodically for any modification to this
Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed
to be apprised of and bound by any modification by TAP to these Terms. Any access or use of the
TAP Site by you after notice of revisions or additions to these terms shall constitute and be deemed
to be your agreement to such revisions or additions. No modification to these Terms by any party
other than TAP shall be valid or enforceable against TAP unless expressly agreed to by TAP in a
writing signed by a duly authorised officer of TAP.
3. Termination
These Terms are effective until terminated by TAP. TAP may terminate these Terms without notice
and at any time. In the event of termination, you are no longer authorized to access the TAP Site and
the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and
limitations of liabilities set forth in these Terms shall survive termination. TAP shall also have the
right without notice and at any time to terminate the TAP Site or any portion thereof, or any
products or services offered through TAP or the TAP Site, or to terminate any individual’s right to
access or use the TAP Site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable international laws, statutes, ordinances and regulations
regarding your use of the TAP Site and your purchase of the items on the TAP Site.
5. Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material
provided on the TAP Site, as well as the selection, assembly and arrangement thereof, are referred
to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors
or may be out of date. TAP may change, delete, or update any Content at any time and without
prior notice. The Content is provided for informational purposes only and is not binding on TAP in
any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content
is protected by copyright, trademark, common law and other proprietary rights that are owned by
TAP or by third parties that have licensed their use to TAP. You may view and use the Content only
for your personal information and for shopping and ordering on the TAP Site, and for no other
purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or
printed Information, and any such downloads or copies are subject to the Terms of this Agreement
and shall remain the property of TAP and/or its licensors and/or suppliers. Except as provided in the
foregoing, TAP does not grant to you or any person any right to use, reproduce, copy, modify,
transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any
means, method, or process whatsoever, now known or hereafter developed, any of the Content on
or transmitted through the TAP Site, including without limitation by transferring, downloading or
otherwise copying any Content onto any disk drive or other storage medium. Any use of the
Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the
Content or in writing signed by TAP, is strictly prohibited. You acknowledge that you do not acquire
any ownership rights by using the TAP Site or any services or Information. Nothing contained on the
TAP Site should be construed as granting, by implication, estoppel or otherwise, any license or right
to use any of TAP’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights
without the express written permission of TAP, our licensors or suppliers, or the third party owner of
any such trademark and/or copyright.
6. Code of Conduct
You agree not to:
6.1 Engage in spamming or phishing attacks;
6.2 Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening,
abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene,
indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of
others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other
rights; (b) any material, non-public information about companies without the authorization to do so;
(c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or other unsolicited commercial communication;
6.3 Restrict or inhibit any other visitor from using the TAP, including, without limitation, by means of
“hacking” or defacing any portion of the TAP Site;
6.4 Express or imply that any statements you make are endorsed by us, without our prior written
consent;
6.5 Upload any Materials (as defined below) that contains any virus, worm or other files, scripts or
programs designed to damage or allow unauthorized access to the service or the TAP Site;
6.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the
Information, the TAP Site or services;
6.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the TAP Site or Information;
6.8 Use the TAP Site, Information or Services in any manner that is unlawful, including accessing the
TAP Site, Services and/or Information from any location where such access may be illegal or
otherwise prohibited;
6.9 “Frame” or “mirror” any part of the TAP Site without our prior written authorization;
6.10 Use any spider, site search/retrieval application, robot or other manual or automatic device or
process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational
structure or presentation of the TAP Site or its contents;
6.11 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Materials; and/or
6.12 Harvest or collect information about the TAP Site visitors or members without their express
consent.
7. Purchases
7.1 If you wish to purchase products or services described on the TAP Site, you will be asked by us or
the third party vendor to supply certain information applicable to your purchase, including, without
limitation, credit card and other information. You understand that any such information will be
treated by us in the manner described in our Privacy Policy. You agree that all information that you
provide to us or such third party vendor will be true, accurate, current and complete.
7.2 You agree to pay all fees and charges incurred by you or any users of your credit card (or other
applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will
also be responsible for paying any applicable taxes relating to your purchases.
7.3 All amounts appearing on the TAP Site are quoted in Australian dollars. Payments must be made
using a valid credit card, Paypal or any other prescribed payment system in alignment with TAP. TAP
reserves the right, without prior notice, to discontinue or change specifications and prices on
products and services offered on the TAP Site without incurring any obligation to you. Products
displayed on the DM Site are available while supplies last. The receipt by you of an order
confirmation does not constitute TAP’s acceptance of an order. Prior to TAP’s acceptance of an
order, verification of information may be required. TAP reserves the right at any time after receipt
of your order to accept or decline your order, or any portion thereof, even after your receipt of an
order confirmation from TAP, for any reason. TAP reserves the right to limit the order quantity on
any item and to refuse service to any customer without prior notification.
7.4 We reserve the right, without prior notification, to change our Shipping and Return policies at
any time.
8. Copyright Infringement Claims
TAP respects the intellectual property of others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, please provide TAP’s Agent with the
following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest; - a description of the copyrighted work or other intellectual property that you claim has been
infringed; - a description of where the material that you claim is infringing is located on the TAP site or
system, with enough detail so that we may find it; - your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright or intellectual property owner, its agent, or the law; - a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf.
9. Disclaimers
To the fullest extent permissible under applicable law:
(a) The Site (including all information) and the Services are provided “as is” and without warranties
of any kind, either express or implied; and (b) TAP and its affiliates, agents, service providers,
employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers,
sponsors, successors and assigns (collectively, “TAP’s Representatives”) disclaim all warranties,
express or implied, including, without limitation, the implied warranties of title, non-infringement
accuracy, completeness, merchantability, quality, and fitness for a particular purpose, any
warranties that may arise from course of dealing, course of performance or usage of trade, and any
warranties that the information and TAP Site is current and/or up-to-date. TAP and TAP’s
Representatives do not warrant that the information, TAP Site or Services, nor your use of the
foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that
defects will be corrected, nor that the TAP Site or the server(s) on which the TAP Site is hosted are
free of viruses or other harmful components. You acknowledge that you are responsible for
obtaining and maintaining all telephone, computer hardware and other equipment needed to access
and use the TAP Site, and all charges related thereto. You assume all responsibility and risk for your
use of the TAP Site and/or Services and/or Information and your information and your reliance
thereon. No opinion, advice or statement of TAP or any of TAP’s Representatives, whether made on
or in connection with the TAP Site or Service or Information shall create any warranty.
10. Limitation of Liability
Not withstanding the failure of essential purpose of any limited remedy of any kind, neither TAP nor
any of TAP’s Representatives, nor their directors, officers, employees, consultants or other
representatives, are responsible or liable for any indirect, incidental, consequential, special,
exemplary, punitive or other damages or liabilities under any contract, negligence, strict liability or
other theory arising out of or relating in any manner to the TAP Site, Information, Services and/or
any linked site, whether or not we have been informed of the possibility of such damages or
liabilities. Your sole remedy with respect to this Site, the Information, Services, or any linked site is
to stop using the TAP Site, Service, or linked site. TAP’s sole and exclusive maximum liability to you
for all damages, losses, cause of action, whether in contract, tort (including, without limitation,
negligence) or otherwise arising out of or relating in any manner to the Site, shall be the amount
paid by you for use of the Site, Information and/or Services.
11. Indemnification
You agree to fully indemnify, defend and hold TAP, any of TAP’s representatives, and their directors,
officers, employees, consultants and other representatives, harmless from and against any and all
claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any
Materials you transmit to the TAP Site infringe or otherwise violate the copyright, patent, trademark,
trade secret or other intellectual property or other rights of any third party, and/or (c) your activities
in connection with the TAP Site.
12. Ability to Contract
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this
Agreement, and to abide by and comply with this Agreement. If you are under eighteen (18) years
of age, then you must obtain permission from a parent or guardian before accessing the TAP Site.
13. Miscellaneous
All disputes shall be resolved in the English language. If any provision of this Agreement is found to
be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between us relating to the subject matter herein and supersedes any
and all prior or contemporaneous written or oral Agreements between us with respect to such
subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable,
transferable, delegatable or sublicensable by you except with TAP’s prior written consent, and any
attempted assignment, transfer, delegation or sublicense shall be null and void. TAP may assign,
transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole
discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. Any heading, caption or section title
contained in this Agreement is inserted only as a matter of convenience and in no way defines or
explains any section or provision hereof, and the singular shall include the plural and the plural the
singular. You hereby acknowledge that you have carefully read all of the terms and conditions of
TAP’s Privacy Policy, which can be accessed below, and agree to all such terms and conditions.
Should you have any questions, comments or complaints regarding this Agreement or the TAP Site,
please contact us at: [email protected]
Other Provisions
- Your use of this site indicates an acceptance of the terms of the Privacy Policy. TAP reserves the
right to update or amend this Privacy Policy at any time. - In the event that TAP sells, assigns or transfers some or all of its business to a successor or
acquirer, TAP may sell, assign or transfer all of your information, regardless of your opt status, to
such successor or acquirer. - This site contains links to other sites. Please be aware that TAP does not exercise control over the
information, products, services or policies of third party companies accessible through our site. We
encourage our users to be aware when they leave our site and to read the privacy policies of each
and every third party site. This Privacy Policy applies solely to the information collected by this site.
Your privacy is important to TAP. If you have questions about any of the provisions described above, please contact us.